How access to justice is 'closed' for most and solutions

What is it about?

The paper addresses a major issue – inaccessibility to justice – prevalent in countries with advanced legal systems such as the UK and US. The paper underlies reasons for this inaccessibility, and proposes solutions which do not require government intervention. The paper explain how, the current grave economic inequality, as well as a legal profession not representative of society it represent – corrode access to justice. Economic equality being unlikely to improve in the near future, the paper proposes alternative immediate solutions. 1) Lawyers (as well as other professionals) to accept a duty to the community – all practising lawyers should provide no less than 2 hours per week of pro bono/free legal advice, which in England and Wales would total approximately 17 million hours per year being made available to those in need. 2) Law schools to introduce respective modules to prepare law students for representing society in the current era, for example currently being limited information accessible, and no training, in relation to lower courts where nearly all cases end. 3) Making the legal profession more representative of society – currently being a disconnect in values, knowledge and experiences between lawyers and their clients. For example, in England and Wales, law firms and chambers, whether organised or not by the Law Society and the Bar Council, should introduce standard entry tests for pupillage and training contract, replacing current subjective unreliable criteria (e.g. interview). Figures show that current practices prevent the legal system from being representative of society. The paper calls for urgent action by individuals and communities, and adds that such actions would also encourage governments to increase efforts to improve equality in access to justice.

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Why is it important?

Access to justice is at its worse state in decades with most people being unable to afford the justice system in advanced economies such as the UK and the US. Moreover, current practices and increase in inequality are likely to further reduce access to justice. Therefore, to protect people and social cohesion alternative solutions are essential and urgent.